Attachment 23A - Best Practices for the Care of ICE Transgender Detainees.pdf

U.S. Immigration and Customs Enforcement

Office of Enforcement and Removal Operation

Best Practices for the Care of ICE Transgender Detainees

Supplement to ICE Detention Facility Contract Modification for

Transgender Care

U.S. Immigration and Customs Enforcement (ICE), Office of Enforcement and Removal

Operations (ERO) is committed to providing a respectful and safe environment for all detainees, including those individuals who identify as transgender. ICE ERO has identified additional best practices for the care of transgender detainees intended to supplement requirements set forth in the ICE ERO issued Further Guidance Regarding the Care of Transgender Detainees and accompanying ICE Detention Facility Contract Modification for Transgender Care.

HOUSING

Transgender Dedicated Housing Unit(s): The facility shall operate dedicated housing unit(s) for self-identified transgender detainees. Unit(s) capable of housing 60 or more beds is suggested for the low/medium-low transgender detainees and 20 or more beds is suggested for the high/medium-high (See Classification below).

Classification: ICE may grant a waiver that serves to relax classification requirements and allow mixed classification levels to be housed together in the dedicated housing unit(s) for transgender detainees at the same time. In that case, Unit(s) capable of housing 60 or more beds is suggested for the transgender detainees.

Privacy: All transgender detainees should be provided with a reasonably private environment for bathing and toilet facilities, consistent with privacy and security considerations afforded to other female ICE detainees. This is particularly important for this population, as some transgender detainees may have undergone surgical procedures, including breast augmentation, as part of their transition and desire to achieve a more feminine looking appearance.

Staffing: For consistency and continuity of care, the facility shall designate specific officers to staff the transgender housing unit(s).

CUSTODY CLASSIFICATION AND COMMUNICATION

Intake: The facility should update local data systems used to capture detainee information or develop a separate process, as needed, to record a detainee’s self-identification as transgender. If at any time during the intake process facility staff determine additional privacy is needed, to the extent practicable, staff should make appropriate accommodations to converse with the detainee in private.

Staff Communication: Facility staff shall refer to transgender detainees by their preferred pronouns and chosen name, where applicable, so as to promote a respectful and stable environment.

https://www.ice.gov/sites/default/files/documents/Document/2015/TransgenderCareMemorandum.pdf

TRANSGENDER DETENTION MANAGEMENT

Individualized Detention Plan: The facility’s Transgender Classification and Care Committee

(TCCC) may choose to use the attached Individualized Detention Plan (IDP) template to memorialize decisions made during their meetings. If the facility chooses not to use this template, the facility shall memorialize decisions using a template of their choice. A copy of the

IDP shall be kept in the detainee’s detention file.

SECURITY

Searches: Consistent with PBNDS 2011 and U.S. Department of Homeland Security (DHS) policies and standards, including the DHS Prison Rape Elimination Act (PREA), searches of transgender detainees shall be performed by an officer of the same gender as the detainee (i.e., a transgender woman (male to female) should be searched by a female officer). Further, per

PBNDS 2011, special care should be taken to ensure detainees are strip searched in private. As always, searches should be conducted in a professional and respectful way, in the least restrictive manner possible, and consistent with security needs. At no time shall any search be conducted solely for the purpose of determining a detainee’s biological sex.

DETAINEE SERVICES AND CARE

Legal Materials: ERO recommends looking into ways to mitigate comingling and unnecessary movement of the transgender detainees. For example, to promote safety and convenience, the facility may consider placing a cart of legal materials as well as an adequate number of computers and office supplies in the transgender housing unit(s).

Medical Care: Initial medical screening at the facility shall inquire into a transgender detainee's gender self-identification and history of transition-related care.

TRAINING, PROGRAMMING, AND RESOURCES

LGBTI Subject Matter Expert and Primary Point of Contact: The facility shall designate certain personnel as a resource to consult when transgender-related issues and needs arise. The name and contact information of the designated employee should be provided to ERO. ICE will also designate a local ERO field office liaison to serve as a resource for the facility. The name and contact information of the designated employee will be provided to the facility. The facility should coordinate questions and/or matters related to transgender detainees with the designated

Field Liaison.

Training: To ensure competency in their assigned duties, facility staff (including health care) who will interact with transgender detainees should receive specialized training geared toward this population. While ERO may provide in-person and/or webinar training related to transgender sensitivity and detainee care, and specific instruction on the provisions of transgender care (to include applicable ICE standards and DHS PREA provisions), the facility shall also provide applicable training to its staff, particularly health care staff and others assigned to work in the transgender housing unit(s). ERO may also offer the facility a training DVD addressing medical care of transgender patients. The facility shall facilitate access for trainers to the facility grounds, as needed.

Custody Resource Coordinator: As feasible, ERO will hire and assign a Custody Resource

Coordinator (CRC) to the facility. The CRC has a degree in social work, or related field, is fluent in Spanish, and is experienced in providing specialized services to vulnerable populations. The name and contact information of the CRC will be provided to the facility. The facility shall facilitate access for the CRC to the facility grounds and detainees, as needed. ERO and facility staff should also rely on the CRC for various functions, including assisting detainees with removal or release planning, addressing facility concerns/questions about specific detainees, and conducting informal programming for detainees.

Transgender Programming: The facility shall provide the transgender population equal access to programming and services made available to other populations at the facility. In addition to programming provided by the facility, ERO will work to identify and engage with local non-government organization (NGO), academic, and other partners to provide detainee programming suitable for the transgender population. The facility should facilitate access for the provider(s) to the facility grounds and detainees, as needed.